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case, the award of punitive damages is against the weight and preponderance of the evidence, and is manifestly unjust. There is no evidence of a



 

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Data Q&A Sosiologi Suatu Pengantar Soerjono Soekanto ini di Dukungan PermaSiti. Penerbitan Sosiologi Suatu Pengantar.W.2d at 573. In the present case, the award of punitive damages is against the weight and preponderance of the evidence, and is manifestly unjust. There is no evidence of a wanton disregard on the part of Officers Burns and Hightower, nor is there evidence that either officer was engaged in a repeated pattern of conduct. See Williams v. Steves Industries, Inc., 699 S.W.2d 570, 574 (Tex.1985); Boni, 713 S.W.2d at 675; see also State Farm Mutual Automobile Insurance Company v. Denney, 681 S.W.2d 442 (Tex.1984). Specifically, there is no evidence that the officer's conduct was flagrant or malicious with a conscious indifference to the rights of others. Denney, 681 S.W.2d at 444. Since the punitive damages award is so disproportionate to the actual damages suffered, we conclude that the trial court erred in failing to reduce the award to the statutory minimum. See Williams, 699 S.W.2d at 574. Additionally, we hold that the evidence is insufficient to sustain a finding that punitive damages were necessary to prevent a continuation of the improper conduct of the officers or were necessary for the purpose of punishing the officer or sending a message of deterrence. Finally, we conclude that the award of punitive damages is grossly excessive as a matter of law, because the punitive damage award bears no reasonable relationship to the actual damages suffered by appellant. See Denney, 681 S.W.2d at 444; Thomas v. Oil and Gas Corporation, 718 S.W.2d 404, 411 (Tex.App.—Corpus Christi 1986, writ ref'd n.r.e.). Because there is insufficient evidence in the record of wilful and intentional misconduct, we reverse the $50,000 punitive award and render judgment for a net of $1,500 actual damages. We recognize that the judgment below is not a mere mathematical calculation of the amount of damages. But in an appellate court a judgment must be affirmed if the record will support any theory by which it can be sustained. Modica v. Newman, 772 S.W.2




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